HomeMy WebLinkAboutSWA000160_Property Deed_20220816Book9555 - Page 37 Page 1 of 13
For Registration Sharon A. Davis
Register of Deeds
Durham County, NC
Electronically Recorded
2021 Dec 0911:53 AM
Book: 9555 Page:37
NC Rev Stamp: $ 0.00 Fee: $ 64.00
Instrument Number: 2021062792
D-T
DEED OF TRUST SECURING FUTURE ADVANCES
COLLATERAL IS OR INCLUDES FIXTURES
WHEN RECORDED MAIL TO:
Blue Ridge Bank, P.O. Box 609, Luray, VA 22835
This Deed of Trust prepared by.
X
Theresa Stiehl - Blue Ridge Bank, N.A. 300 32nd St. Virginia Beach, VA 23451
THIS DEED OF TRUST is dated December 7, 2021, among VAF 3114 CROASDAILE DRIVE LLC, a Delaware
limited liability company, whose address is 1554 N. Beverly Drive, Beverly Hills, CA 90210-2314 ("Grantor");
Blue Ridge Bank, N.A., whose address is Virginia Beach Oceanfront, 300 32nd St, Suite 104, Virginia Beach,
VA 23451 (referred to below sometimes as, "Lender" and sometimes as "Beneficiary"); and Robert S.
JANNEY, whose address Is 12 South Court Street, Luray, VA 22835 and Lacey Edward Putney, Jr., whose
address is 300 32nd Street, Suite 104, Virginia Beach, VA 23451 (referred to below as "Trustee").
CONVEYANCE AND GRANT. NOW, THEREFORE, as security for the Indebtedness, advancements -and other
sums expended by the Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys'
fees as provided in the Note) and other valuable consideration, the receipt of which is hereby acknowledged,
Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant
and convey to Trustee, and Trustee's heirs or successors and assigns, for the benefit of Lender as Beneficiary,
all of Grantor's right, title, and interest in and to the fallowing described real property, together with all existing
or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and
appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights);
and all other rights, royalties, and prpfits relating to the real property, including without limitation all, minerals,
oil, gas, geothermal and similar matters, (the "Real Property") located in Durham County, State of North
Carolina:
See Exhibit"A", which is attached to this Deed of Trust,and made a part of this Deed' of Trust as if fully set
forth herein.
The Real Property or its address is commonly known as 3114 Croasdaile Drive, Durham, NC 27705.
To have and to hold said Real Property with all privileges and appurtenances thereunto belonging, to the
Trustee, his heirs,. successors and assigns forever, upon the trusts, terms and conditions and for the uses
hereinafter set forth.
Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title,
and interest in and to all present and future leases of the Property and all Rents from the Property. In addition,
Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE
RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B)
PERFORMANCE OF ANY/AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS
DEED OF TRUST. THIS DEED OF TRUST, INCLUDINGTHE ASSIGNMENT OF RENTS AND THE SECURITY
INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF
GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT, BETWEEN
GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION
LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN
EVENT OF DEFAULT UNDER THIS, DEED OF TRUST. `,THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON
THE FOLLOWING TERMS:
FUTURE ADVANCES. The Indebtedness secured by this Deed of Trust is for present and future advances
and/or present and future obligations that may from time to time be made or incurred under this Deed of Trust
and this Deed of Trust is given to secure all present and future advances and/or obligations made to or incurred
by Grantor. The period in which future advances may be made and/or future obligations may be incurred and
secured by this Deed of Trust is the period between the date hereof and that date which is thirty (30) years
from the date hereof. The amount of present obligations secured by this Deed of Trust is One Million Seven
Book9555 - Page 38 Page 2 of 13
DEED OF TRUST
Loan No: 22000376 (Continued) P9ge 2
Hundred Eight Thousand Two Hundred Three & 46/100 Dollars ($1,708,203.46) and the maximum principal
amount, including present and future advances and/or obligations, that may be secured by this Deed of Trust at
any one time is Twelve Million Thirty-seven Thousand Four Hundred Forty-four & 00/100 Dollars
($12;037,444.00.) This Deed of Trust shall also secure all payments made, sums advanced, and expenses
incurred by Lender (A) for insurance, taxes, and assessments, (B) to protect Lender's interest under this Deed
of Trust, or (C) to preserve and protect the value or condition of the Real Property encumbered by this Deed of
Trust and shall have the same priority as if they had been paid, advanced or incurred at the time this Deed of
Trust was registered. Further advances may be made and additional obligations secured by this Deed of Trust
may be incurred from time to time within the thirty (30) year time limit fixed by this Deed of Trust, provided
that the maximum principal amount of obligations outstanding at any one time shall not exceed the maximum
amount set forth above. All future advances and/or obligations shall be considered to be made or incurred
pursuant to the requirements of North Carolina General Statutes Sections 45-67, et. seq., or any amendments
thereto.
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to
Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner
perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of
the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession
and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the
Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all
repairs, replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) ' During the
period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage,
treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under,
about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been,
except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of
any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or
threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners
or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person
relating to such matters; and (3) • Except as previously disclosed to and acknowledged by Lender in
writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall
use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about
or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
federal, state, and local laws, regulations and ordinances, including without limitation all Environmental
Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and
tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with
this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes
only and shall not he construed to create any responsibility or liability on the part of Lender to Grantor or to
any other person. The representations and warranties contained herein are based on Grantor's due
diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives
any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for
cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless
Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may
directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a
consequence of any use, generation, manufacture, storage, disposal, release or threatened release
occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should
have been known"to Grantor. The provisions of this section of the Deed of Trust, including the obligation
to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and
reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any
interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer
any stripping of or waste on or to the Property or any portion of the Property. Without limiting the
generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any
timber, minerals (including oil and gas), coal, clay, scoria, sail, gravel or rock products without Lender's
prior written consent.
Removal of'Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may
require Grantor to make arrangements satisfactory to Lender to replace such Improvements with
Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property
at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of
Grantor's compliance with the terms and conditions of this Deed of Trust.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances,
and regulations, now or hereafter in effect, of all governmental, authorities applicable to the use or
Book9555 - Page 39 Page 3 of 13
DEED OF TRUST
Loan No: 22000376 (Continued) Page 3
occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may
contest in good faith any such law, ordinance, or regulation and withhold compliance during any
proceeding, including appropriate appeals, so long" as Grantor has notified Lender in writing prior to doing
so and so long as, in Lender's sole opinion, Lender's interests in the'Property are not jeopardized. Lender
may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to
protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all
other acts, in addition to those acts set forth above in this section, which from the character and use of the
Property are reasonably necessary to protect and preserve the Property.
Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to be used to
construct or complete construction of any Improvements on the Property, the Improvements shall be
completed no later than the maturity date of the Note (or such earlier date as Lender may reasonably
establish) and Grantor shall pay in full all costs and expenses in connection with the work. Lender will
disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to
Insure that the interest created by this Deed of Trust shall have priority over all possible liens, including
those of material suppliers and workmen. Lender may require, among other things, that disbursement
requests be supported by receipted bills, expense affidavits, waivers of liens, construction progress reports,
and such other documentation as Lender may reasonably request. ,
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable
all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all
or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the
conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or
equitable; whether voluntary or involuntary; wwhether by outright sale, deed, installment sale contract, land
contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or
by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real
Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a
corporation, partnership or limited liability company, transfer also includes any restructuring of the legal entity
(whether by merger, division or otherwise) or any change in ownership of more than twenty-five percent (25%)
of the voting stock, partnership interests or limited liability company interests, as the case may be, of such
Grantor. However, this option shall not be exercised by Lender if -such exercise is prohibited by federal law or
by North Carolina law.
TAXES AND LIENS. The following provisions relating to the taxes and liens an the Property are part of this
Deed of Trust:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes,
assessments, charges (including water and sewer), fines and impositions levied against or on account of
the Property, and shall pay when due all claims for work done on or for services rendered or material
furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal
to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not.due,
except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of
Trust.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a
good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized.
If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien
arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge
of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and
reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the
lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before
enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety
bond furnished in the contest proceedings.
\ Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of
the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at
any time a written statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is
commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's
lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials.
Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that
Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard
extended coverage endorsements on a replacement basis for the full insurable value covering all
Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause,
and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain
comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee
and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor
Book9555 - Page 40 Page 4 of 13
DEED OF TRUST
Loan No: 22000376 (Continued) Page 4
shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler
insurance, as Lender may reasonably require. Policies shall be written in form; amounts, coverages and
basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to
Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates
of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or
diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall
include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
act, omission or default of Grantor or any other person. Should the Real Property be located in an area
designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard
area, Grantor agrees to obtain and maintain flood insurance, if available, for the full unpaid principal balance
of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under
the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance
for the term of the loan. Flood insurance may be purchased under the National Flood Insurance Program,
from private insurers providing "private flood insurance" as defined by applicable federal flood insurance
statutes and regulations, or from another flood insurance provider that is both acceptable to Lender in its
sole discretion and permitted by applicable federal flood insurance statutes and regulations.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property.
Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or
not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any
insurance and apply the proceeds to the reduction of the indebtedness, payment of any lien affecting the
Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration
and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory
to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the
proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of
Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender
has not committed to the repair or restoration of the Property shall be used first to pay any amount owing
to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied
to the principal balance of the Indebtedness. If Lender holds`any proceeds after payment in full of the
Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall
furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2)
the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement -
value of such property, and the manner of determining that value; and (5) the expiration date of the
policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender
determine the cash value replacement cost of the Property.
TAX AND INSURANCE RESERVES. Subject to any limitations and consistent with any requirements set by
applicable law, Lender may require Grantor to maintain with Lender reserves for payment of annual taxes,
assessments, and insurance premiums, which reserves shall be created by an initial deposit and subsequent
monthly payments, or payments at such other interval as payments under the Note may be due, of a sum
estimated by Lender to be sufficient to pay the total annual taxes, assessments, and insurance premiums
Lender reasonably anticipates to be paid from these reserves. The reserve funds shall be held by Lender as a
general deposit from. Grantor, which Lender may satisfy by payment of the taxes, assessments, and insurance
premiums required to be paid by Grantor as they become due. Lender shall have the right to draw upon the
reserve funds to pay such items, and Lender shall not be required to determine the validity or accuracy of any
item before paying it. Nothing in the Deed of Trust shall be construed as requiring Lender to advance other
monies for such purposes. Subject to any limitations set by applicable law, if the reserve funds disclose a
shortage or deficiency, Grantor shall pay such shortage or deficiency as required by Lender. All amounts in the
reserve account are hereby pledged to further secure the Indebtedness, and Lender is hereby authorized to
withdraw and apply such amounts on the Indebtedness upon the occurrence of an Event of Default. Lender
shall not be required to pay any interest or earnings on the reserve funds unless required by law or agreed to
by Lender in writing.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect, Lender's
interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related
Documents, including but not limited to Grantor's failure to discharge or pay when' due any amounts Grantor is
required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf
may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to
discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or
placed on the Property and paying all costs for insuring, maintaining and preserving the. Property. All such
expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the
Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will
become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to
the balance of the Note and be apportioned among and be payable with any installment payments to become
due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or
(C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust
also will secure payment of these amounts. Such right shall be in addition to all, other rights and remedies to
which Lender may be entitled upon the occurrence of any Event of Default.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of
this Deed of Trust:
Book9555 - Page 41 Page 5 of 13
DEED OF TRUST
Loan No: 22000376 (Contlnued) Page 5
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee
simple, free and clear of all liens and encumbrances other than those set forth in the Real Property
description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted
by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority
to execute and deliver this Deed of Trust to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever
defend the title to the Property against the lawful claims of all persons. In the event any action or
proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed
of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such
proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the
proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender
such instruments as Lender may request from time to time to permit such participation. ,
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies
with all existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made by
Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be
continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall
be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of
Trust:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing,
and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the
award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in
the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will
deliver or cause to be delivered to Lender such instruments and documentation as may be requested by' -
Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain
proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require
that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or
restoration of the Property. The net proceeds of the award shall mean the award after payment of all
reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the
condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions
relating to governmental taxes, fees and charges are a part of this Deed of Trust:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in
addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and
continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described
below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust,
including without limitation all taxes, fees, documentary stamps, and other charges for recording or
registering this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type
of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific
tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness
secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the
Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed
of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of
its available remedies for an Event of Default as provided below unless Grantor either, (1) pays the tax
before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section
and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to
Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as
a security agreement are a part of this Deed of Trust:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the
Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform
Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to
perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording
this Deed of Trust in the real property records, Lender may, at any time and without further authorization
from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing
statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property.
Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a
Book9555 - Page 42 Page 6 of 13
DEED OF TRUST
Loan No: 22000376 (Continued) Page 6
place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days
after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information
concerning the security interest granted by this Deed of Trust may be obtained (each as required by the
Uniform Commercial Code) are as stated on the first page of this Deed of Trust.
FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and
attorney -in -fact are a part of this Deed of Trust:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make,
execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and
when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such
times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds
of trust, security deeds, security agreements, financing statements, continuation statements, instruments
of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary
or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations
under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests
created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Grantor. The
lien of this Deed of Trust and the security interest -granted hereby will automatically attach, without further
act, to all after -acquired property attached to and or used in the operation of the Property or any part
thereof. Unless prohibited by law or Lender agrees, to the contrary in writing, Grantor shall reimburse
Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph.
Attorney -in -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may
do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby
irrevocably appoints Lender as Grantor's attorney -in -fact for the purpose.of making, executing, delivering,
filing, recording„ and doing all other things as may be necessary or desirable, in Lender's sole opinion, to
accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, terminates the line of credit, and
otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall submit for
recording a satisfaction of security instrument and shall execute and deliver to Grantor suitable statements of
termination of any financing statement on file evidencing Lender's security interest in the Rents and the
Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable
law.
DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of
Trust:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any
payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge
of any lien.
Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or
condition contained in this Deed of Trust or in any of, the Related Documents or to comply with or to
perform any term, obligation, covenant or condition contained in any other agreement between Lender and
Grantor.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in
this Deed of Trust, the Note or in any of the Related Documents.
Environmental Default. Failure of any party to comply with or perform when due any term, obligation,
covenant or condition contained in any environmental agreement executed in connection with the Property.
False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or
on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material
respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter.
Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force
and effect (including failure of any collateral document to create a valid and perfected security interest or
.lien) at any time and for any reason.
Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any
member withdraws from the limited liability company, or any other termination of Grantor's existence as a
going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for
any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or
the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by
judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any
governmental agency against any property securing the Indebtedness. This includes a garnishment of any
of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not
apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is
the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor
or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
Book9555 - Page 43 Page 7 of 13
DEED of TRUST
Loan No: 22000376 (Continued) Page 7
proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond
for the dispute.
Breach of other Agreement. Any breach by Grantor under the terms of any other agreement between
Grantor and Lender that is not remedied within any grace period provided therein,' including without
limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether
existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of
the Indebtedness or any Guarantor dies ar becomes incompetent, or revokes or disputes the validity of, or
liability under, any Guaranty of the Indebtedness.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the
prospect of payment or performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time
thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies:
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other
remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under
this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and
exercise its remedies.
Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the
entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would
be required to pay.
Express Power of Sale Provision. Upon the application or request of Lender, it shall be lawful for and the
duty of the Trustee, and the Trustee is hereby authorized and empowered, to expose to sale and to sell the
Property at public auction for cash, after having first complied with all applicable requirements of North
Carolina law with respect to the exercise of powers of sale contained in deeds of trust or such other sales
appropriate under the circumstances; and upon any such sale, the Trustee shall convey title to the
purchaser in fee simple. In the event of any sale under this Deed of Trust by virtue of the exercise of the
powers granted in this Deed of Trust, or pursuant to any order and any judicial proceeding or otherwise,
the Property may be sold as an entirety or in separate parcels and in such manner or order as Lender in its
sole discretion may elect. Trustee shall be authorized to hold a sale pursuant to North. Carolina General
Statute Chapter 45. If Trustee so elects, Trustee may sell the Property covered by this Deed of Trust at
one or more separate sales in any manner permitted by applicable North Carolina law, and any'exercise of
the powers granted in this Deed of Trust shall not extinguish or exhaust such powers, until the entire
Property is sold or the Indebtedness is paid in full. If such Indebtedness is now or hereafter further secured
by any chattel mortgages, pledges, contracts of guaranty, assignments of lease or other security
instruments, Lender may at its option exercise the remedies granted under any of the security agreements
either concurrently or independently and in such order as Lender may determine.
Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to
foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either
case in accordance with and to the full extent provided by applicable lave.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the
Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over
and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any
tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents
are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse
instruments received'in payment thereof in the name of Grantor and to negotiate the same and collect the
proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the
obligations for which the payments are made, whether or not any proper grounds for the demand existed.
Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any
part of the Property, with the power to protect and preserve the Property, to operate the Property
preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and
above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if
permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent
value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not
disqualify a person from serving as a receiver.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as
provided above or Lender otherwise becomes entitled to possession of the Property upon default of
Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and..shall,
at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the
Property'immediately upon the demand of Lender.
Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or
Book9555 - Page 44 Page 8 of 13
DEED OF TRUST
Loan No: 22000376 (Continued) Page 8
the Note or available at law or in equity.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the
Personal Property or of the time after which any private sale or other intended disposition of the Personal
Property is to be made. Reasonable notice shall mean notice given at'least ten (10) days before the time of
the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the
Real Property.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights
to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free
to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall
.be entitled to bid at any public sale on all or any portion of the Property,
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed
of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'
fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not
prohibited by law, all reasonable expenses Lender incurs that in Lender's'opinion are necessary at any time
for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness
payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid.
Expenses covered by this paragraph include, without limitation, however subject to any limits, under
applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a
lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to
modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection
services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable
law. Grantor also will pay any court costs, in addition to all other sums provided by law.
Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of
Trustee are part of this Deed of Trust:
Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the
power to take the following actions with respect to the Property upon the written request of Lender and
Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of
streets or other rights to the public; (b) join in granting any easement or creating any restriction on the
Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the
interest of Lender under this Deed of Trust.
Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In"addition to the
rights and remedies set forth above, with respect.to all or any part of the Property, the Trustee shall have
the right to foreclose by notice and said, and Lender shall have the right to foreclose by judicial foreclosure,
in either case in accordance with and to the full extent provided by applicable law.
Trustee's Fees. The Trustee's commission shall be five percent (5%) of, the gross proceeds of the sale for
a completed foreclosure. In the event foreclosure is commenced, but not completed, Grantor shall pay all
expenses incurred by Trustee and partial commission computed on five percent (5%) of the outstanding
Indebtedness, according to the following schedule: one-fourth of the commission before Trustee issues a
notice of hearing on the right to foreclosure; one-half of the commission after issuance of notice of hearing;
three -fourths of the commission after a hearing; and the full commission after the initial sale.
Express Power to Substitute a Trustee. Lender shall have the irrevocable right to remove at any time and
from time to time without limit the Trustee named in this Deed of Trust without notice or cause and to
appoint a successor by an instrument in writing, duly acknowledged, in such a form as to entitle such
written instrument to be recorded in the State of North Carolina; and, in the event of the death or
resignation of the Trustee named in this Deed of Trust, Lender shall have the right to appoint a successor_
by such written instrument, and any Trustee so appointed shall be vested with the title to the Property, and
shall possess all the powers, duties and obligations herein conferred on the Trustee in the same manner
and to the same extent as though the successor trustee were named in this Deed of Trust as Trustee.
NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of
default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when
actually received by telefacsimile (unless .otherwise required by law), when deposited with a nationally
recognized, overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust.
Any party may change its address for notices under this Deed of Trust by giving formal written notice to the
other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes,
Grantor'agrees to keep Lender informed at all times of,Grantor's current address. Unless otherwise provided or
required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be
notice given to all Grantors. I
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. This Deed of Trust, together with any Related 'Documents, constitutes the entire
understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration
of or amendment'to this Deed of Trust shall be effective unless given in writing and signed by the party or,
parties sought to be charged or bound by the alteration or amendment.
Book9555 - Page 45 Page 9 of 13
DEED OF TRUST
Loan No: 22000376 (Continued) Page 9
Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish
to Lender, upon request, a certified statement of net, operating income received from the Property during
Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall
mean all cash receipts from the Property less all cash expenditures made in connection with the operation
of the Property.
Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to
be used to interpret or define the provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other
interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without
the written consentof Lender.
Governing Law. With respect to procedural matters related to the perfection and enforcement of Lender's
rights against the Property, this Deed of Trust will be governed by federal law applicable to Lender and to
the extent not preempted by federal law, the laws of the State of North Carolina. In all other respects, this
Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by
federal law, the laws of the Commonwealth of Virginia without regard to its conflicts of law provisions.
However, If there ever is a question about whether any provision of this Deed of Trust Is valid or
enforceable, the provision that is questioned will be governed by whichever state or federal law wouldfind
the provision to be valid and enforceable. The loan transaction that is evidenced by the Note and this Deed
of Trust has been applied for, considered, approved and made, and all necessary loan documents have
been accepted by Lender in the Commonwealth of Virginia.
Choice of Venue: If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction
of the applicable courts for Henrico County County, Commonwealth of Virginia.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust
unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in
exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a
provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to
demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver
by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of
Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of
Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall
not constitute continuing consent to subsequent instances where such consent is required and in,all cases
such consent may be granted or withheld in the sole discretion of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal,
invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal,
invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be
considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so
modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality,
validity or enforceability of any other provision of this Deed of Trust.
Successors and Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Grantor's
interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors
and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without
notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this
Deed of Trust or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this
Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts
in lawful money of the United States of America. Words and terms used in the singular shall include the plural,
and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in
this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
Beneficiary. The word "Beneficiary" means Blue Ridge Bank, N.A., and its successors and assigns.
Borrower. The word "Borrower" means VAF 3114 CROASDAILE DRIVE LLC, a Delaware limited liability
company and includes all co-signers and co -makers signing the Note and all their successors and assigns.
Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee,
and includes without limitation all assignment and security interest provisions relating to the Personal
Property and Rents.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization
Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or
other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Book9555 - Page 46 Page 10 of 13
DEED OF TRUST
Loan No: 22000376 (Continued) Page 10
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of
Trust in the default section of this Deed of Trust.
Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing
Liens provision of this Deed of Trust.
Grantor. The word "Grantor" means VAF 3114 CROASDAILE DRIVE LLC, a Delaware limited liability
company.
Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of
the Indebtedness.
Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation
a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their
quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or
potential hazard to human health or the environment when improperly used, treated, stored, disposed of,
generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used
in theirs very broadest sense and include without limitation any and all hazardous or toxic substances,
materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous
Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof
and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings,
structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other
construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and
expenses payable under the Note or Related Documents, together with all renewals of, extensions of,
modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts
expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or
Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts
as provided in this Deed of Trust.
Lender.. The word "Lender" means Blue Ridge Bank, N.A., its successors and assigns.
Note. The word "Note" means the promissory note dated December 7, 2021, in the original principal
amount of $12,037,444.00 from Grantor to Lender, together with all renewals of, extensions of,
modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of
personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real
Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for,
any of such property; and together with all proceeds (including without limitation all insurance proceeds
and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described
in this Deed of Trust.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust,
security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now
or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits,
and other benefits derived from the Property.
Trustee. The word "Trustee" means Robert S. JANNEY, whose address is 12 South Court Street, Luray,
VA 22835 and Lacey Edward Putney, Jr., whose address is 300 32nd Street, Suite 104, Virginia Beach,
VA 23451 and any substitute or successor trustees.
Book9555 - Page 47 Page 11 of 13
DEED OF TRUST
Loan No: 22000376 (Continued) Page 11
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND
GRANTOR AGREES TO ITS TERMS.
Ccl:L1d11i4l[A
VAF 3114 CROASDAILE DRIVE LLC
CATALYST ENCORE, LLC, Manager of VAF 3114 CROASDAILE DRIVE
LLC
CATALYST CAPITAL HOLDINGS II, LLC, Manager of CATALYST ENCORE,
LLC -
of CATALYST -'CAPITAL HOLDINGS II,
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
STATE OF
) SS
COUNTY OF
I, a Notaryysestherlein
r said County and State,
certify that Robert Pardo, Manager of CATALYST CAPITAL HOLDINGManager of CATALYST
ENCORE, LLC, Manager of VAF 3114 CROASDAILE DRIVE LLC per o before me this day and
acknowledged the due execution of the foregoing instrument in vvr ng or herself for VAF 3114
CROASDAILE DRIVE LLC, a limited liability company, for the uses k, d of set Earth.
Witness my hand and Notarial Seal this the day bf, N, , 20
Notary Public
My Commission Expires:
( Affix Notarial Seal Here)
LaserPro, Ver. 19.3.0.038 Copr. Finastra USA Corporation 1997, 2021. All Rights Reserved. - NCNA
C:\CIFWIN\CFI\LPL\G01.FC TR-21713 PR-COMCONST
Book9555 - Page 48 Page 12 of 13
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF )
M
County of )
On beforejne��/ a
Notary Pub ic, p rsonally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s i re subscribed to the
within instrument and acknowledged to me tha&she/they executed the same V'is er/their
authorized capacity(ies), and that ber/their signatures) on the instrumentrson(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ignatur f Notary
y�L O EMILY WILDHIRT FOWLKES
Notary public • California
Los Angeles County
+° Commission N 2331005
My Comm. Expires Jul 25, 2024
(Affix seal here)
Book9555 - Page 49 Page 13 of 13
EXHIBIT 'A'
Property: 3114 Croasdaile Drive, Durham, NC
BEGINNING AT A POINT IN THE NORTHERLY RIGHT OF WAY LINE OF CROASDAILE DRIVE
WHERE IT INTERSECTS THE EASTERLY PROPERTY LINE OF THE LANDS NOW OR FORMERLY
OWNED BY 3200 JOINT VENTURE, LLC NEAR AN EXISTING IRON PIPE (DISTURBED), SAID
POINT BEING SOUTH 85 DEG. 07 MIN. 40 SEC. WEST 21.06 FEET FRONT AN EXISTING
RIGHT OF WAY MONUMENT; RUNNING THENCE NORTH 17 DEG. 23 MIN. 51 SEC. WEST
392.48 FEET TO AN IRON PIPE SET; RUNNING THENCE ALONG AND WITH A CURVE TO THE
LEFT HAVING THE FOLLOWING CURVE DATA: RADIUS = 655.00 FEET, DELTA = 1 DEG. 36
MIN. 53 SEC., ARC LENGTH = 18.46 FEET, CHORD = 18.46 FEET, CHORD BEARING = NORTH'
73 DEG. 38 MIN. 59 SEC. EAST, TO AN EXISTING IRON PIPE; RUNNING THENCE NORTH 72
DEG. 50 MIN. 32 SEC. EAST 63.08 FEET TO AN EXISTING IRON PIPE; RUNNING THENCE
NORTH 72 DEG. 50 MIN. 32 SEC. EAST 327.44 FEET TO AN IRON PIPE SET; RUNNING
THENCE SOUTH 17 DEG. 08 MIN. 24 SEC. EAST 401.12 FEET TO AN EXISTING IRON PIPE IN
THE NORTHERN MARGIN OF THE RIGHT-OF-WAY OF CROASDAILE DRIVE; RUNNING
THENCE ALONG AND WITH SAID RIGHT-OF-WAY SOUTH 72 DEG. 55 MIN. 39 SEC. WEST
227.43 FEET TO AN EXISTING IRON PIPE; THENCE CONTINUING WITH SAID RIGHT-OF-WAY
SOUTH 74 DEG. 31 MIN. 27 SEC. WEST 99.83 FEET TO A PK NAIL SET; THENCE CONTINUING
WITH SAID RIGHT-OF-WAY SOUTH 76 DEG. 49 MIN. 04 SEC. WEST $0.18 FEET TO THE
POINT AND PLACE OF BEGINNING AND CONTAINING A TOTAL OF 3.742 ACRES MORE OR
LESS AS SHOWN ON THAT BOUNDARY SURVEY ENTITLED "BOUNDARY SURVEY FOR HBR
PROPERTIES, LLC" AS PREPARED BY S.D. PUCKETT AND',ASSOCIATES, P.C., PROFESSIONAL
LAND SURVEYORS DATED 3/26/2007, PLOT DATE 4/4/2007; AND ALSO BEING THAT SAME
PROPERTY SHOWN ON THE FOLLOWING TWO RECORDED MAPS: THAT PARCEL OF LAND
CONTAINING 3.0085 ACRES MORE OR LESS AS SHOWN ON THE PLAT AND SURVEY
ENTITLED "PROPERTY OF CROASDAILE, INC." DATED SEPTEMBER 11, 1982, PREPARED BY
ROBERT W. YOUNG, REGISTERED LAND SURVEYOR AND RECORDED IN PLAT BOOK 101 AT
PAGE 124, DURHAM COUNTY REGISTRY AND THAT PROPERTY CONTAINING 0.7257 ACRES
MORE OR LESS AS SHOWN ON THAT PLAT AND SURVEY ENTITLED "SURVEY FOR GARY M.
HOCK" AS PREPARED BY ROBERT W. YOUNG, REGISTERED LAND SURVEYOR DATED
FEBRUARY 26, 1983, AND RECORDED IN PLAT BOOK 102 AT PAGE 128, DURHAM COUNTY
REGISTRY; TO SAID PLATS AND SURVEYS REFERENCE IS HEREBY MADE FOR A MORE
PARTICULAR DESCRIPTION OF SAME.
A.P.N. 130468